[HISTORY: Adopted by the Borough Council of the Borough of
Moosic as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-11-2014 by Ord. No. 8-2014[1]]
[1]
Editor's Note: This ordinance also repealed former Art.
I, Delinquent Taxes and Fees, adopted 9-9-2004 by Ord. No. 14-2004.
As used in this article, the following terms shall have the
meanings indicated:
Includes any individual, partnership, company or corporation.
Refers to the Moosic Zoning Hearing Board and/or the Moosic
Planning Commission.
Refers to any municipal building code, property maintenance
code and/or similar type municipal code.
Refers to the Borough of Moosic.
Includes any type of permit issued by the Borough, including
but not limited to occupancy permits and/or building permits.
Includes any individual, partnership, company or corporation.
A.Â
The municipality may deny issuing to an applicant a municipal permit
if the applicant owns real property in any municipality for which
there exists on the real property:
(1)Â
A final and unappealable tax, water, sewer or refuse collection delinquency
on account of the actions of the owner; or
(2)Â
A serious violation of state law or a code, and the owner has taken
no substantial steps to correct the violation within six months following
notification of the violation, and for which fines or other penalties
or a judgment to abate or correct were imposed by a magisterial district
judge or municipal court, or a judgment at law or in equity was imposed
by a court of common pleas. However, no denial shall be permitted
on the basis of a property for which the judgment, order or decree
is subject to a stay or supersedeas by an order of a court of competent
jurisdiction or automatically allowed by statute or rule of court
until the stay or supersedeas is lifted by the court or a higher court
or the stay or supersedeas expires as otherwise provided by law. Where
a stay or supersedeas is in effect, the property owner shall so advise
the municipality seeking to deny a municipal permit.
B.Â
A municipality or board shall not deny a municipal permit to an applicant
if the municipal permit is necessary to correct a violation of state
law or a code.
C.Â
The municipal permit denial shall not apply to an applicant's
delinquency on taxes, water, sewer or refuse collection charges that
are under appeal or otherwise contested through a court or administrative
process.
D.Â
In issuing a denial of a permit based on an applicant's delinquency
in real property taxes or municipal charges or for failure to abate
a serious violation of state law or a code on real property that the
applicant owns in this commonwealth, the municipality or board shall
indicate the street address, municipal corporation and county in which
the property is located and the court and docket number for each parcel
cited as a basis for the denial. The denial shall also state that
the applicant may request a letter of compliance from the appropriate
state agency, municipality or school district, in a form specified
by such entity as provided in this section.
A.Â
All municipal permits denied in accordance with this article may
be withheld until an applicant obtains a letter from the appropriate
state agency, municipality or school district indicating the following:
(1)Â
The property in question has no final and unappealable tax, water,
sewer or refuse delinquencies;
(2)Â
The property in question is now in state law and code compliance;
or
(3)Â
The owner of the property has presented, and the appropriate state
agency or municipality has accepted, a plan to begin remediation of
a serious violation of state law or a code. Acceptance of the plan
may be contingent on:
(a)Â
Beginning the remediation plan within no fewer than 30 days
following acceptance of the plan or sooner, if mutually agreeable
to both the property owner and the municipality.
(b)Â
Completing the remediation plan within no fewer than 90 days
following commencement of the plan or sooner, if mutually agreeable
to both the property owner and the municipality.
B.Â
In the event that the appropriate state agency, municipality or school
district fails to issue a letter indicating tax, water, sewer, refuse,
state law or code compliance or noncompliance, as the case may be,
within 45 days of the request, the property in question shall be deemed
to be in compliance for the purpose of this section. The appropriate
state agency, municipality or school district shall specify the form
in which the request for a compliance letter shall be made.
C.Â
Letters required under this section shall be verified by the appropriate
municipal officials before issuing to the applicant a municipal permit.
A.Â
Municipal permits may be denied by a board in accordance with the
requirements of this section to the extent that approval of the municipal
permit is within the jurisdiction of the board. For purposes of this
section, "board" shall mean a zoning hearing board or other body granted
jurisdiction to render decisions in accordance with the act of July
31, 1968 (P.L. 805, No. 247), known as the Pennsylvania Municipalities
Planning Code,[1] or a similar board in municipalities not subject to that
act.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.Â
In any proceeding before a board other than the governing body of
the municipality, the municipality may appear to present evidence
that the applicant is subject to a denial by the board in accordance
with this section.
A denial of a permit shall be subject to the provisions of 2
Pa.C.S.A. Chapter 5, Subchapter B (relating to practice and procedure
of local agencies), and Chapter 7, Subchapter B (relating to judicial
review of local agency action), or the Pennsylvania Municipalities
Planning Code,[1] for denials subject to the Act.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.